DUI Causing Death in Westfield

In Indiana, most DUI cases are charged as misdemeanors. However, under certain conditions, these offenses may be charged as a felony. One of these conditions arises when the act of driving under the influence causes an accident and the death of another individual. Whether you were driving along West Main Street or US-31, a DUI causing death in Westfield is a serious legal predicament, and you need to retain the services of a criminal defense lawyer as soon as possible.

Defining a Felony DUI in Westfield, Indiana

Even though most DUI offenses are charged as misdemeanors, when circumstances—especially death—arise, these charges can be upgraded to felonies in accordance with state law.

In the United States, 37 people are killed every day due to drunk driving, and in 2022, Indiana alone witnessed the deaths of 227 residents due to drunk driving accidents. Drunk driving occurs when an individual gets behind the wheel with a blood alcohol content level, or BAC, of 0.08% or higher.

In Indiana, when someone is seriously injured or killed due to your alleged act of drunk driving, you can face felony charges even if this is your first DUI-related offense. You can also be charged with a felony DUI if any of the following factors are present:

• The accident involved a hit-and-run.
• You caused another individual to become endangered.
• The accident resulted in serious property damage.
• A passenger inside your vehicle was under the age of 18.

If your alleged act of drinking and driving results in death, you can be charged with a felony; there is simply no way around it, thanks to the statutes laid out by Indiana law. However, should you be charged with a felony DUI, not all hope is lost. You can protect yourself by speaking with a criminal defense attorney as soon as your arrest takes place.

Penalties for a DUI Causing Death

In Westfield, when you are convicted of a felony DUI, you can end up facing a range of serious and life-altering penalties. For this reason alone, retaining the services of a defense lawyer can make all the difference in protecting your future freedoms.

Prison Time

If you are convicted of a felony DUI resulting from the death of another, there is a range of jail and prison sentences you might face. In the most severe cases, you could face years behind bars. You may also be faced with the suspension or revocation of your driver’s license, meaning that even in cases where you do not face jail time, your daily life can change, and you may lose out on many opportunities and miss important life events.

Financial Penalties

If you are convicted of a felony DUI, you can expect to pay upwards of $10,000 in fines. You may also be ordered to pay restitution payments or wrongful death settlements if your accident caused death or other kinds of loss. You may also be required to pay for other associated costs, such as fees for any required alcohol education classes, mandatory alcohol treatment programs, or inpatient treatment programs.

Collateral Consequences

When facing a felony conviction, you may deal with a number of collateral consequences. The unemployment rate for individuals with criminal records is as high as 30% in most cases. You may also be unable to own a firearm, vote in an election, seek a government loan, or find it difficult to secure new housing and education.

About The Criminal Defense Team

With over 100 years of combined experience, The Criminal Defense Team is here to serve you. One of our lawyers is on-call 24/7, ready to answer your questions and come to your defense at any time of the day or night. We understand that mistakes are easily made and are here to protect you when you are facing a felony DUI due to a loss of life.

Members of our team, Andrew Baldwin, Kathie Perry, Maxwell Wiley, Kelly Pyle, and Michael C. Cunningham, are Board-Certified* Criminal Trial Specialists, as certified by the National Board of Trial Advocacy. Find out why having a Board-Certified* Criminal Trial Specialist as your defense lawyer is important here. Note that there are only six Board-Certified* Criminal Trial Specialists in Indiana, and five of them work at our firm.

FAQs

What Other Charges May Be Related to a Fatal Felony DUI?

If you are charged with a felony DUI that involves a fatality, you may also be charged with reckless homicide. The charge of reckless homicide can include any act where recklessness has caused the death of another human being. In these cases, the prosecution can argue that you knew driving drunk could cause harm to others and you did it anyway.

What Should I Do After a Fatal DUI Accident in Indiana?

If you are arrested following a fatal DUI accident in Indiana, there are certain actions you may want to take. It is essential that you do not discuss the incident with anyone outside of your attorney. You also want to gather any documentation related to the accident, retain the services of an attorney, and attend all scheduled court hearings.

Can My Insurance Rates Increase After a Fatal DUI Accident?

Following a fatal DUI accident, it is very likely that you may face an increase in your car insurance rates. Keep in mind that you may also face jail time and the loss of your driving privileges. Once your privileges are restored or you are released from prison, it is possible that insurance providers can refuse to provide you with coverage because of your history.

How Much Does It Cost to Hire a DUI Defense Lawyer in Indiana?

In Indiana, when you go to hire a DUI defense lawyer, the costs can vary case-to-case and lawyer-to-lawyer. Other factors can impact the final costs as well, including the overall complexity and duration of your DUI felony case and the skill level, education, and experience of your defense team.

Hire a DUI Lawyer Today

When you are facing a felony DUI charge in a fatal accident, you need to hire a DUI lawyer as quickly as possible. Do not leave your case up to fate, but protect yourself by reaching out to The Criminal Defense Team of Baldwin Perry & Wiley, P.C. Let a Board-Certified* Criminal Trial Specialist serve you today by calling our Indiana-based firm and scheduling a consultation.